S1015-2013 Actions

• May 7, 2013: PRINT NUMBER 1015C
• May 7, 2013: AMEND AND RECOMMIT TO HEALTH
• Apr 23, 2013: PRINT NUMBER 1015B
• Apr 23, 2013: AMEND (T) AND RECOMMIT TO HEALTH
• Mar 22, 2013: PRINT NUMBER 1015A
• Mar 22, 2013: AMEND AND RECOMMIT TO HEALTH
• Jan 9, 2013: REFERRED TO HEALTH

S1015-2013 Memo

BILL NUMBER:S1015

TITLE OF BILL:
An act
to amend the public health law, in relation to single-purpose day camps

PURPOSE OR GENERAL IDEA OF BILL:
To amend the definition of
"summer day camp" to include camps dedicated to a single activity
that meets the criteria of a non-passive recreational activity with
significant risk of injury.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision
two of section 1392 of the public health law to clarify that the
definition of "summer day camp" includes camps which engage in any
indoor or outdoor organized group activities involving one or more
non-passive recreational activities with significant risk of injury.
Section one also provides that the commissioner is not permitted to
grant an exception from the public health law and sanitary code
requirements to a summer day camp which is dedicated to a single
activity if that activity meets the criteria of a non-passive
recreational activity with significant risk of injury.

Section two provides that this act shall take effect April 1, 2014.

JUSTIFICATION:
As currently written, the definition of "summer day
camp" does not include camps dedicated to a single activity, such as
a football camp. Instead, the law states that a summer day camp must
involve "non-passive recreational activities with significant risk of
injury," which has been interpreted as requiring at least two such
activities. As a result, camps which are dedicated to only one
non-passive recreational activity with significant risk of injury are
completely unregulated. These single-purpose camps are subject to
neither the health and safety requirements in Article 13-B of the
public health law, nor to the regulations governing summer day camps
in the sanitary code.

There are many single-purpose camps in which children engage in
activities with a substantial risk of serious injury. For example,
the New York Times recently published an article about the increasing
popularity of carpentry and woodworking camps entitled "Kindergarten
Shop Class."(1) In these camps, children use power tools, including
saws to create their projects. A more common example of a
single-purpose
summer day camp is a football or hockey camp, which poses a
significant risk of injury due to the contact nature of the sport.

This legislation will close the loophole in the current law to ensure
that children attending all summer day camps are protected.

LEGISLATIVE HISTORY:
S4615-A - Health

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect April 1, 2013.

FOOTNOTE:
(1)  Scelfo, Julie. "Kingergarten Shop Class."March 30, 2012.

S1015-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1015

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law, in relation to single-purpose day
    camps

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision 2 of section 1392 of the public health law, as
  amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
  follows:

    2.  "Summer  day  camp" shall mean a property consisting of a tract of
  land and any tents, vehicles, buildings or other structures that may  be
  pertinent  to  its use, any part of which may be occupied on a scheduled
  basis at any time between June first and September fifteenth in any year
  by children under sixteen years of age under  general  supervision,  for
  the purpose of ANY indoor or outdoor organized group activities, involv-
  ing ONE OR MORE nonpassive recreational activities with significant risk
  of injury, as such activities are defined by the department in rules and
  regulations,  for a period of less than twenty-four hours on any day the
  property is so occupied, and on which no provisions are made  for  over-
  night  occupancy by such children. The commissioner shall have the power
  to except by rule from this article  and  the  sanitary  code  a  place,
  facility  or  activity that is not within the intent of this definition,
  PROVIDED THAT NO EXCEPTION MAY BE GRANTED TO A SUMMER DAY CAMP WHICH  IS
  DEDICATED  TO A SINGLE ACTIVITY IF THAT ACTIVITY MEETS THE CRITERIA OF A
  NONPASSIVE RECREATIONAL ACTIVITY WITH SIGNIFICANT RISK OF INJURY.
    S 2. This act shall take effect April 1, 2014.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04908-01-3